Davis v. Hartel
Superior Court of Pennsylvania
Appeal, No. 287, Oct. T., 1912, by defendant, from judgment of C. P. Del. Co., March T., 1909, No. 67, on verdict for plaintiff in case of Harry M. Davis, Assignee of J. V. Slaughter, v. Eliza C. Hartel. Assumpsit for refusal to admit plaintiff to possession of demised premises.
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Appeal, No. 287, Oct. T., 1912, by defendant, from judgment of C. P. Del. Co., March T., 1909, No. 67, on verdict for plaintiff in case of Harry M. Davis, Assignee of J. V. Slaughter, v. Eliza C. Hartel. Assumpsit for refusal to admit plaintiff to possession of demised premises. At the trial the jury returned a verdict for plaintiff for $829.50. Subsequently on a rule for judgment n. o. v. Broom-all, J., filed the following opinion: On September 17, 1908, the defendant executed the following writing: “Agreement made this day whereby Mrs. Eliza Hartel rents to J. V. Slaughter the housekeeping…
1Opinion of the Court
Opinion by
Rice, P. J.,
The material parts of the lease involved in this litigation and the nature and facts of the case are *564clearly set forth in the opinion of the learned trial judge and need not be restated. The appellant’s contention is that the principle of law which rules the case is that where a person occupies a dwelling house and rents rooms to another, the latter is a lodger, and as the former has a right to select the lodgers in his dwelling house, an assignment by the lodger is not valid without the consent of the landlord. It is true as a general proposition that when one contracts…
2Cases cited4 opinions
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Riley v. HaleMassachusetts Supreme Judicial Court · 1893
- Swain v. MiznerMassachusetts Supreme Judicial Court · 1857
- Williams v. DowningSupreme Court of Pennsylvania · 1851
3Cited by5 opinions
- Schweitzer v. EvansSupreme Court of Pennsylvania · 1948
- Morrisville Shopping Center, Inc. v. Sun Ray Drug Co.Supreme Court of Pennsylvania · 1955
- Baldwin v. McEldowneySupreme Court of Pennsylvania · 1936
- Dime Bk. Tr. Co. v. Walsh Et Ux.Superior Court of Pennsylvania · 1940
- Kuhn v. Crown American Corp., Pennsylvania Court of Common Pleas, Cumberland County1981